Should a Motion to dismiss be filed due to a violation of the statute of limitations & lack of jurisdiction?

Asked over 1 year ago - Teaneck, NJ

1992 one was accused of Passing a Bad Check. Then in 1993 an arrest warrant was issued for that person who only found out about all of this via the NJMVC years after the initial accusation. The person was never served a summons to appear in the municipal court nor has any officer come to their places of residence or employment to execute an arrest & has been a resident of NJ for the past 20 years using SS# for housing, work & taxation purposes i.e. was never on the run. We know that an Arrest Warrant can continue to be re-issued however, we also know that the statute of limitations for Fraud in NJ is 6 years & it's now 2013. Nevertheless, we found out that the Warrant has been re-issued in Jan. of 2013. Does the court lack jurisdiction to try once the statute of limitations has expired?

Attorney answers (2)

  1. Alissa D Hascup

    Pro

    Contributor Level 10

    2

    Lawyers agree

    1

    Answered . The answer will depend on when the complaint was issued. If it too was issued in 1993 along with the arrest warrant, then the Statue of Limitations has been satisfied. It sounds like a better course of action would be to file a Motion to Dismiss on Speedy Trial grounds. A lawyer can assist you.

    Good luck.

    http://www.njdomesticviolencedefense.com

  2. John George Ducey

    Contributor Level 13

    Answered . Sounds like a complaint was already filed based on your post so the statute of limitations does not come into play. Not sure what you mean by lack of jurisdiction because you do not follow up on it in your posting.

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